Summary of Legislative Study
Activity, Budget Directives and Other Initiatives
Sequenced
by Study Year
1992-2006
2006
Establishment of an Office of
Children’s Services Ombudsman
A
2006 General Assembly legislative proposal led to the Commission on
Youth’s investigation of the impact of that bill, specifically to
determine the need to establish an Office
of Children’s Services Ombudsman, its appropriate administrative
structure, and the cost to establish the Office. As
proposed, the Office would (1) protect children and parents from harmful
agency action or inaction; (2) investigate the acts of state and local
administrative agencies adversely affecting children; (3) recommend
appropriate changes toward the goals of safeguarding the rights of children
and parents; and (4) promote higher standards of competency, efficiency and
justice in the administration of the child protection and child welfare
laws, juvenile justice services and education of children.
Alternative Education Options
Commission
staff, assisted by an Advisory Group, will conduct a review of alternative
education programs for suspended and expelled youth who could not be served
in traditional public school settings. The
investigation will determine whether a problem exists regarding the number
of school suspensions and expulsions within
Virginia
public schools and address the various challenges facing school divisions in
serving these students.
Conference Planning for Evidence-based
Treatment Modalities for Children and Adolescents with Mental Health
Treatment Needs
The
Commission on Youth, in conjunction with the Department of Mental Health,
Mental Retardation, and Substance Abuse Services (DMHMRSAS), is spearheading
the planning effort for a statewide conference to address the training needs
for local, state, and private providers, as well as consumers, on
evidence-based treatments for children with mental health disorders.
It is anticipated that the conference will take place in Fall 2007.
2005
The
Collection of Effective Treatment Modalities for Children and Adolescents
The
Commission's 2002 study led to the publication of this compilation of
empirically-based information on effective treatment modalities and
practices for children and adolescents. The Collection
which, by mandate, is currently being updated, is made available through
the Internet to facilitate ready-access by parents, caregivers, educators,
service providers and other interested parties. (SJR
358, 2003)
2-1-1
A
2006 General Assembly legislative proposal led to the Commission on
Proposed
Initiative
The
Commission on Youth will assist in the coordination of efforts to develop a
linked, comprehensive Information and Referral System for Virginia
via 2-1-1. In addition, the
Commission will identify
issues impeding launch of a statewide 2-1-1 system and develop
recommendations for resolving these issues.
Out-of-State-Placements in Residential Treatment Facilities
Commission staff is
investigating the number of children receiving services in out-of-state
residential treatment centers. The
study will determine the reasons these children are being placed out of
state and whether there is service ability within the Commonwealth and the
cost impact such placements have on the Commonwealth.
Strengthening Families (Yr 3)
The
Commission on Youth is monitoring efforts taking place in the Commonwealth
regarding efforts to strengthen families.
The study includes data collection on existing programs that
strengthen Virginia'’s families and a subsequent analysis of the programs identified.
2004
The
Collection of Effective Treatment Modalities for Children and Adolescents
The
Commission's 2002 study led to the publication of this compilation of
empirically-based information on effective treatment modalities and
practices for children and adolescents. The Collection
which, by mandate, is currently being updated, is made available through
the Internet to facilitate ready-access by parents, caregivers, educators,
service providers and other interested parties. (SJR
358, 2003)
Strengthening
Families (Yr 2)
In an
effort to strengthen families and support marriage, the Commission assessed
and identified elements that strengthen families, analyzed federal
initiatives and measures other states are taking, and determined strategies
to strengthen family service systems in
Virginia
.
2003
Dissemination
of Effective Treatment Modalities
In
an effort to make empirically-based information concerning effective
treatment modalities and practices for children available, the
Commission on Youth coordinated and disseminated such information to parents,
caregivers, educators, service providers and others interested parties
through the Internet. (SJR 358)
Foster
Care
Commission on Youth
monitored the progress and work of the Department of Social Services’
Child and Family Services Review; participate on the Statewide Stakeholders
Committee; and analyze foster care payment rates in the Commonwealth.
Childhood
Obesity
Obesity is a large-scale
social problem that reaches all elements of American society.
In order to combat the problem effectively, it must be addressed in
numerous settings, with homes, schools, communities, and public advertising
being some of the most important. The Commission on Youth identified the
causes and consequences of childhood obesity; determine
the prevalence of childhood obesity at the state and national levels;
identify present, past, and future initiatives designed to address the
problem of childhood obesity in
Virginia
; and identify other
suggested methods for combating the problem of childhood obesity.
Strengthening
Families
In an effort to strengthen
families and support marriage, the Commission on Youth assessed and
identified elements that strengthen families; analyze
measures other states are taking, as well as various federal initiatives to
strengthen families; and determine strategies to strengthen family service
systems.
Treatment
Options for Offenders with Mental Illness or Substance Abuse Disorders
This study continued the
work of SJR 97 (2002). Commission
on Youth will work with the Joint Commission on Health Care to provide
leadership and direction for the interagency work group; to oversee the
implementation of previous recommendations; and to conduct further research
regarding diversion programs for persons with mental illness and substance
abuse disorders that redirect such persons into appropriate mental health
and substance abuse treatment programs and away from the criminal justice
system.
2002
Effective
Treatment Modalities
In
the absence of a state system to measure the quality or effectiveness of
care received by children and youth, the Commission on Youth coordinated the
collection and dissemination of empirically-based information on treatment
modalities and practices recognized as effective for the treatment of
children, including juvenile offenders, with mental health treatment needs,
symptoms and disorders. (SJR 99)
Treatment
Options for Offenders with Mental
Illness or Substance Abuse
Disorders
In
this study of treatment options for both adult and juvenile offenders, the
Commission on Youth served as lead analyst on the juvenile offender
population having mental illness or substance abuse disorders. Conducted
with the Joint Commission on Behavioral Health Care, Year 2 continued the
study of offenders with certain mental health needs and substance abuse
disorders. The study examined the treatment, medication, training, model
court order, communication, Medicaid and screening related to this topic.
(SJR 97/HJR 142)
Juvenile
Records
The
study entailed a detailed review of the Code
of Virginia to identify provisions and subsequent recommendations on
amendments to the Code to address conflicting or unclear provisions
regarding juvenile records. Input
into practical problems presented by the myriad of policies and demands for
record exchanges was provided by an advisory group of judges and officers of
the court, agency representatives, and others having specialized expertise
in the administration of juvenile records.
Female
Juvenile Offenders
Commission
on Youth staff worked with the Department of Juvenile Justice to assess the
impact of female offenders on the juvenile justice system, including
services and programs offered this population.
Children of Incarcerated Parents
Commission
on Youth updated the 1992 Youth Commission study.
Current
State-funded Initiatives Attempting to Address the Needs of Youth
Commission
on Youth identified youth programs within the executive branch and providing
a summary of their programs’ purposes.
Dispute
Resolution
Conducted
with the Supreme Court of Virginia
Educational
Aspects of Children and Youth with Serious Emotional Disturbance
In
2002 Commission on Youth staff wrote a section in the SJR 99 manual for
Effective Treatment Modalities dealing with school-based services for
children and youth with serious emotional disturbance.
This provided the foundation for future research.
Pre-dispositional
Detention Risk Assessment
The
Commission on Youth worked working cooperatively with the Department of
Juvenile Justice to develop a risk assessment instrument.
2001
Youth
with Emotional Disturbance Requiring Out-of-Home Treatment (Yr 2)
In
this two-year study of children and youth with serious emotional disturbance
(SED) requiring out-of-home placement, the Commission first sought to
identify child and family characteristics which define this population and
then to estimate the number of Virginia children and youth who met SED
criteria. In the second year of
the study, the Commission reviewed the full continuum of services shown to
be effective in treating these children and youth, as well as identification
of unmet needs and distinctions in the services made available to
non-mandated children and youth.
Treatment
Options for Offenders with Mental Illness or Substance Abuse Disorders
In
this study of treatment options for both adult and juvenile offenders, the
Commission on Youth served as lead analyst on the juvenile offender
population having mental illness or substance abuse disorders.
Included in the study were reviews of treatment services offered in
the juvenile justice system for both non-state and state wards, as well as
offenders in transition, and services offered by locally operated mental
health service providers. The Joint Behavioral Health Care Commission and
the State Crime Commission were partners in the study.
Youth
Assets Pilot Programs in Three
Virginia
Communities
The
Commission identified and coordinated three pilot sites –
Fluvanna
County
,
Tazewell
County
, and the City of
Norfolk
–
to begin a process of demonstrating that young people who develop a
greater number of positive developmental assets are more likely to make
healthy choices and avoid high-risk behaviors.
The model, which utilizes intergenerational involvement throughout
the community to make the environment more supportive for youth, focuses on
the strengths rather than the weaknesses of the community and furthers a
process of self-inventory, rather than program-building. (Budget Directive)
2000
Student
Discipline Statutes
This
study analyzed three areas in the student discipline statute: (i)
clarification and streamlining of student disciplinary statutes, (ii)
standard definitions for “expulsion,” “suspension” and “exclusion”,
and (iii) identification of methods, including the use of technology, which
may provide educational services to students who have been expelled.
2000
(cont.)
Youth
with Emotional Disturbance Requiring Out-of-Home Treatment (Yr 1)
During
the first year of this study, the Virginia Commission on Youth developed and
implemented a methodology for accurately determining the number of children
with serious emotional disturbance in need of out-of-home placement.
Both child and family characteristics were identified as a
requirement to meet the definition of “serious emotional disturbance
requiring out-of-home placement.”
Youth
Suicide Prevention Plan
The
Commission on Youth, with the assistance of the Departments of Health,
Education, Mental Health, Mental Retardation, and Substance Abuse Services
developed a comprehensive youth suicide prevention plan.
Suicide is the third leading cause of death among Virginia
adolescents, as well as the significant increase in the rate of suicide
among Virginia youth aged 10-19 since 1975.
Kinship
Care
The
study identified legal and financial obstacles to kinship in
Virginia
.
The Virginia Commission on Youth studied four areas of kinship care:
(i) the role of kinship care in the child welfare system; (ii)
Virginia
policy and practice; (iii) other
states’ experience with kinship care; and (iv) constituents’
perceptions.
1999
Assessment
of the VJCCCA Formula and the Role of Offices on Youth
The
1999 Budget Bill requested that the
Virginia
Commission on Youth to assess the
potential role of the Offices on Youth in the coordination, local oversight
and administration of the Virginia Community Crime Control Act (VJCCCA)
programs and to evaluate the adequacy of the funding formula of the VJCCCA.
Post-Dispositional
Detention
This
study examined post-dispositional detention in Virginia in six different
areas: (i) the role of post-dispositional detention in local service
continuums; (ii) the feasibility of establishing dedicated
post-dispositional detention in local service continuums; (iii) eligibility
criteria for post-dispositional sentencing; (iv) procedures to address the
length of sentence, including mandatory review and time limitations on
placement; (v) post-dispositional detention programs standards; and (vi)
assessment of state and local funding for detention services.
Adoption
Laws
The
study provides a review of the adoption laws in the Code of Virginia and suggests better ways of rewriting and
reorganizing the Code to give a
clearer and more consistent guidance to persons using the law.
1998
Study
of the Regional Videotaping Centers for Child Sexual Assault Victims
The
Virginia Commission on Youth conducted a study to look at the benefits and
feasibility of establishing regional videotaping centers for child sexual
assault victims. Rather than
establishing a separate legislative study commission, Joint Rules forwarded
this study to the Commission. The overall process of investigation in child
sexual assault cases, as well as procedures which may reduce the trauma
experienced by a child in the courtroom was examined.
1998
(cont.)
Truants
and Runaways (Yr 2)
During
the second year of this study, the Commission examined (i) the feasibility
of using hearing officers to handle status offense cases of the Juvenile and
Domestic Relations Court, (ii) approaches to increase parental
responsibility, (iii) the advisability of increasing sanctions for status
offenders, (iv) the impact of vocational education on truancy, and (v) the
development of a long-range funding plan for services to status offenders
and their families.
Juvenile
Competency Issues in Legal Proceedings
Statutory
reforms to the juvenile justice system in 1996 elevated the importance of a
juvenile’s competency to stand trial.
This study requested that the Virginia Commission on Youth conduct a
study to examine issues related to a juvenile’s competency to stand trial
in juvenile court proceedings. Resulting study recommendations addressed the
establishment of competency, evaluations, time limits, dispositional
options, and service needs.
Joint
Custody and Visitation
The
1998 General Assembly carried over Senate Bills 506, 507, 669, 670, and 671
and House Bills 1151, 1235, 1238, and 1239.
At the request of the General Assembly, the Virginia Commission on
Youth conducted a study of the advisability of creating a presumption of
joint custody, amendments to the best interest factors, penalties for denied
visitation, development of parenting plans, and requirement of parents to
attend education classes.
1997
Evaluation
of the VJCCCA (Yr 1)
This
project was supported in part by a Virginia Department of Criminal Justice
Services’ Juvenile Justice and Delinquency Prevention grant awarded to the
Virginia Commission on Youth. With
the assistance from the Department of Planning and Budget, the Virginia
Commission on Youth began the process of evaluating the administration and
efficacy of the Virginia Juvenile Community Crime Control Act.
(Item 10(B) of the Appropriations Act)
Truants
and Runaways (Yr 1)
The
Virginia Commission on Youth examined the status of offenders, children in
need of services and children in need of supervision.
The Commission focused their attention in six areas: (i) juvenile
courts’ and local schools’ communication and intervention with truants,
(ii) review of the court’s diversionary and probationary practices, (iii)
assessment of the system’s service capacity, (iv) analysis of other states’
approaches to dealing with this population (v) appropriateness of
designating a lead agency, and (vi) development of recommendations for
improving the system through legislative and administrative reforms.
Educational
Needs of Homeless Children
The
Commission on Youth studied the educational needs of homeless children,
identified the barriers to service for this population, and developed
recommendations to respond to those barriers.
Standby
Guardianship
This
study looked at the need to provide for standby guardians for children whose
parents are progressively and/or chronically ill.
Standby guardianship is a legal remedy for those parents who want to
plan for the future care of their children while they are still alive, are
able to know that their preferences will be honored, and are able to
maintain their parental rights for as long as they are able to care for
their children.
1996
Youth
Gangs in
Virginia
This
study, conducted jointly with the State Crime Commission, was designed to
identify the prevalence of youth gangs in the state and effective gang
prevention and early intervention strategies. Study also identified
strategies currently employed to suppress and prosecute youth gang members.
Focus on developing operational definition of “gang.”
Individual interviews with youth in secure detention centers and
Juvenile Correctional Centers were conducted to complement findings from
statewide survey of local law enforcement officers.
Children
in Need of Services and Children in Need of Supervision
The
study entailed a review of the current interventions provided by the public
sector for youth who come to the attention of the court for non-delinquent
behaviors such as truancy, curfew violations and running away.
Interviews were conducted with service providers across the state to
identify effective programs, legal and jurisdictional concerns and areas for
improved inter-agency coordination.
Needs
of Homeless Children
Conducted
jointly with the Virginia Housing Study Commission, this study identified
the different causes and prevalence of homeless children in
Virginia
. Study analyzed the funding
streams, allocations, and trends in federal and state funding support for
homeless programs. State
policies, programs and service statistics were examined and strategies
developed to respond to child homelessness.
Recommended continuation of study to 1997 to allow examination of
impact of homelessness on children’s education and related issues.
1995
Juvenile
Justice System Reform
Comprehensive
study of the juvenile justice system. Focus
of inquiry included an analysis of juvenile arrest trends, dispositional
options for juvenile who come before the court, funding patterns and
comparisons with other states’ juvenile justice reform efforts.
Study issues included prevention efforts, training needs, docketing
issues, court diversion and community services, transfer statute, and the
surveying of
Virginia
juvenile justice practitioners.
Barriers
to the Development of Locally-Designed Community-Based Systems of Early
Intervention Services
(Yr 2)
Continuation
of first year study focusing on the identification of model early
intervention programs and follow up of implementation of 1995 legislation
requiring comprehensive early intervention planning.
1994
Criteria
for and Statewide Access to Secure Detention for Juveniles
(Yr 2)
Analyzed
the funding system for secure juvenile detention.
Block grant funding was replaced with a statewide formula for pre-
and post-trial community based services to be used as an alternative to
secure confinement. The
resulting Virginia Juvenile Community Crime Control Act required local
planning for service delivery to court involved youth, as well as providing
funding for these services.
1994
(cont.)
Barriers
to the Development of Locally-Designed Community-Based Systems of Early
Intervention Services
(Yr 1)
Two-year
study examined early intervention programs and ways to more fully integrate
these programs and services into the Comprehensive Services Act structure.
Principles of community based prevention planning, early intervention
services were explored. A
budgetary profile of state and federal funded prevention and early
intervention programs for children was developed.
Budgetary analysis on the role of federal and local funds in
prevention/early intervention programs was conducted. Recommendations
addressed means by which prevention and early intervention programs could be
integrated into comprehensive planning and funding efforts.
1993
Serious
Juvenile Offenders
(Yr 2)
Targeted
legislative revision to improve the adequacy of the transfer statute.
Analysis involved review of other states’ statutes and commitment
trends. Resulting legislation
amended both transfer laws and extension of sentencing options for juvenile
court judges.
Criteria
for and Statewide Access to Secure Detention for Juveniles
(Yr 1)
Two-year
study on the statutory criteria for pre- and post-dispositional secure
detention of juveniles. Study was established as a result of overcrowding in
these facilities and the legislative moratorium on new detention home
construction and/or expansion. Developed
strategies for insuring the statewide access to detention beds.
Feasibility
of Mandatory Ten Year Follow-up for Juvenile Sex Offenders
The
study was a recommendation of the Lt. Governor’s Commission on the
Reduction of the Incidence of Sexual Assault in the Commonwealth.
The study focused on investigation of
the feasibility of mandating a ten year follow-up for juveniles
convicted of sexual offenses. The
study examined the current legal, court venue, and jurisdictional and
clinical barriers to developing a mandatory follow-up period.
Role
of Guardians ad Litem and Modification of the Courtroom Environment in Child
Sexual Assault Cases
Recommended
by the Lt. Governor’s Commission on the Reduction of Incidence of Sexual
Assault in the Commonwealth. In
response to testimony received, the Commission on Youth was asked to review
the quality of legal representation in child sexual assault cases and the
modification of the courtroom to make it more “child friendly.”
Additionally, the use of closed circuit testimony in child sexual
assault cases was reviewed and suggestions were made to expand its usage.
Resulting legislation required the training of attorneys representing
abused and neglected children prior to appointment and the piloting of
contractual guardian ad litem representation in three jurisdictions.
Implementation
of the Prevention and Early Intervention Study
Developed
a mechanism for the Commission on Youth to work with the Executive
Management Council of the Comprehensive Services Act for prevention and
early intervention services. Study
mandate resulted in mechanism to integrate prevention and early intervention
services. Combined efforts
developed strategies responding to the Dept. of Planning and Budget’s
Prevention and Early Intervention Study.
1993
(cont.)
Confidentiality
of Juvenile Records
Study
identified the barriers in both policy and practice of information sharing
youth records across agencies and disciplines.
Federal and state policies on confidentiality of records were
analyzed. Recommended appropriate safeguards balancing the need for
collaborative information sharing and the right to confidentiality.
Specifically, exchange of school records with the juvenile courts was
clarified.
Model
Child Custody and Visitation Schedules
The
Commission on Youth conducted a study of model custody and visitation
decrees in divorce cases. Analysis
of other states’ statutes, principles behind the “tender years”
doctrine and shared/joint custody was explored.
Child development theory and application of these theories to custody
evaluations were explored. Resulting
legislation clarified best interest standards in awarding custody,
established mediation as a preferred course to litigation and establishment
of joint standards for child custody evaluations.
Court
Procedure for School Recommendations
Recommended
by the School Safety Summit to examine the means by which court orders are
entered directing parents/guardians comply with school recommendations.
1992
Access
to Juvenile Records for Firearm Purchases
Conducted
jointly with the State Crime Commission, study reviewed state and federal
statutes regarding release of information and court records for juvenile
criminal record checks and prohibitions on firearm purchases.
Limitations on a minor’s possession of a firearm for non hunting
purposes were reviewed and adopted.
Needs
of Children Whose Parents are Incarcerated
The
psychological and economic impact of parental incarceration was identified.
Through extrapolation of national statistics and application to
Virginia
’s incarcerated population, an
estimate of the number of
Virginia
children with parents incarcerated
was made. Recommendations
addressed prison visitation programs, modification of the application
process for Aid for Dependent Children and the development of training and
assessment materials to caretakers of children with incarcerated parents and
service providers to drug addicted inmates.
Additionally, training for law enforcement in making arrangements for
minors at the time of arrest was established.
Serious
Juvenile Offenders
(Yr 1)
Two-year
study which reviewed the adequacy of current statutes dealing with chronic
and serious juvenile offenders. In
the initial year, the focus was data analysis of arrest trends, commitment
rates and a comparison of offender profiles of juveniles sentenced in
Circuit Court and those retained within the juvenile justice system.
National comparison of transfer and conviction rates.
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